Texas Office of Attorney General

06/04/2025 | Press release | Distributed by Public on 06/04/2025 18:25

Attor­ney Gen­er­al Ken Pax­ton Suc­cess­ful­ly Strikes Down Uncon­sti­tu­tion­al Law that Gave In-State Tuition to Ille­gal Aliens

After filing a joint motion with the U.S. Department of Justice in federal court, Attorney General Ken Paxton successfully stopped a law that unconstitutionally provided in-state tuition to illegal aliens.

"Today, I entered a joint motion along with the Trump Administration opposing a law that unconstitutionally and unlawfully gave benefits to illegal aliens that were not available to American citizens," said Attorney General Paxton. "Ending this discriminatory and un-American provision is a major victory for Texas."

Attorney General Paxton's legal filing asked the court to rule that the law favoring illegal aliens was unconstitutional, explaining that "[i]n direct and express conflict with federal law, Texas education law specifically allows an alien who is not lawfully present in the United States to qualify for in-state tuition based on residence within the state, while explicitly denying resident-based tuition rates to U.S. citizens that do not qualify as Texas residents." The U.S. District Court for the Northern District of Texas agreed and entered a final judgment declaring the law unconstitutional and issuing a permanent injunction against its application.

To read the motion, click here.

To read the final judgment, click here.

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